1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. Basic facts

A. On January 27, 2003, the Plaintiff: (a) completed the registration of the establishment of a neighboring station with C owned by the Plaintiff; (b) on January 27, 2003, the Plaintiff borrowed money for the instant gas station business from the Defendant on several occasions as security, with regard to KRW 1.3 billion with respect to the maximum debt amount of KRW 1.3 billion with respect to the instant gas station site and the instant facilities for storing and treating dangerous substances on the ground of reinforced concrete on the ground of the said gas station site and the instant facilities for the plastic roof, and of KRW 164.69 square meters with respect to the instant facilities for storage and disposal of dangerous substances on the second floor, 113.49 square meters on the second floor (hereinafter “instant gas station site and buildings on the ground”).

B. After the Plaintiff’s default on September 1, 2003, the auction procedure (hereinafter “instant auction procedure”) was in progress with respect to the gas station of this case to the Gangnam branch court of the Chuncheon District Court (hereinafter “instant auction procedure”). At that time, the Plaintiff’s debt to the Defendant was KRW 1,309,764,080.

C. In the above auction procedure, the Plaintiff agreed with the Defendant to complete the registration of ownership transfer with respect to the gas station of this case if the Plaintiff fully repaid the Defendant’s obligation after the purchase price, registration tax, and incidental expenses were to be borne by the Defendant.

(hereinafter “instant agreement”). D.

In accordance with the agreement of this case on January 4, 2005, the defendant purchased gas station of this case as KRW 1,425,00,000 from the above auction procedure, and offset the price of KRW 1,30,000,000 out of the price by dividends based on the defendant's senior senior collateral claim. The plaintiff paid KRW 62,271,292 from the above auction procedure on October 11, 2004 and KRW 52,382,437 from the sale price on April 1, 2005, and paid KRW 53,759,820 from the incidental expenses, such as registration tax, etc. on January 4, 2005.

Meanwhile, 10,346,271 won of the remaining purchase price was paid by the Plaintiff on January 10, 2005 after the Defendant first paid the purchase price.

E. On February 28, 2005, the Plaintiff is a deposit money of KRW 200,000 to the Defendant.